Just returned from a couple of days away to find this thread still going.
I agree with Alan, entirely, and I'm not a lawyer either. The effort of
trying to find drafting loopholes that clearly cut across the spirit of the
Act is rarely worth it.
In applying the exemption, you also have to argue that any disclosure to a
third party is either with consent, or is necessary for the exempt purposes
(SI 2000 no. 188 para 5(e) in the Schedule). I don't see how you could
argue that any kind of affinity marketing scheme is actually necessary for
the purpose of promoting support, however desirable you might think it to
be.
My only quibble would be that in trying to cope with an anomaly in the 1984
Act the drafters of this SI have caused a new problem. The old Act only
referred to 'membership' of non-profit organisations, which caused problems
for those that did not have a formal membership. The new wording of
'membership or support' is clearly intended to deal with that, but now
leaves it possible to argue for the wider meaning of support.
Paul Ticher
Information Management
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: Yuill, Allan <[log in to unmask]>
To: <[log in to unmask]>
Sent: 24 June 2002 14:28
Subject: Re: NFPs exempt from notification
> Duncan,
>
> I'm not a lawyer, so if we are arguing at that level of detail then we'd
> have to employ lawyers to settle it. From a NFP perspective or that of any
> other public body we don't want to be in that position. It costs too much.
> It's not the simplest or safest route in my opinion, it's the only route.
We
> can't afford to be martyrs.
>
> I view the Commissioner's advice as the equivalent of the Highway Code.
> Ignore it and you risk prosecution. Her advice is that 'Trading/sharing in
> personal information' (The sale, hire or exchange of personal information)
> and the other purposes listed in Q4 of the 'Notifications Exemptions Self
> Assessment Guide are non-exempt purposes. I notify on that basis.
>
> Allan
>
>
>
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